Boyt Harness Co.

National Labor Relations Board - Board Decisions

Jun 18, 1942

41 N.L.R.B. 1065 (N.L.R.B. 1942)

In the Matter of JosEPH W. BoYT, HELEN F. BOYT, ARTHUR J. BOYT,
MARJORIE P. BOYT, PAUL A. BOYT, DOROTHY J. BOYT, BARBARA D.
BOYT, ELIZABETH M. BOYT, BERNARD B. QUINER, JOSEPH E. GREEN,
PETER J. KURTZ, DOING BUSINESS AS BOYT HARNESS COMPANY, A
GENERAL PARTNERSHIP, AND JOSEPH W. BOYT, HELEN F. BOYT,
ARTHUR J. BOYT, MARJORIE P. BOYT, PAUL A. BOYT, DOROTHY J.
BOYT, BARBARA D. BOYT, ELIZABETH M. BOYT, BERNARD B. QUINER,
JOSEPH E. GREEN, PETER J. KURTZ, DOING BUSINESS AS A GENERAL
PARTNERSHIP, TOGETHER WITH G. G. HERRICK, DOING BUSINESS AS
BOYT HARNESS COMPANY, A LIMITED PARTNERSHIP and CONGRESS OF
INDUSTRIAL ORGANIZATIONS
Case No. C-2220.-Decided June 18, 1942
Jurisdiction : harness and war materials manufacturing industry.
Settlement : stipulation providing for compliance with the Act.
Remedial Orders: entered on stipulation.
Mr. Russell Packard, for the Board.
Mr. Joseph W. Boyt, of Des Moines, Iowa, for the respondents.
Mr. Ben Henry, of Des Moines, Iowa, for the Union.
Miss Melvern R. Krelow, of counsel to the Board.
DEU161ON
AND
ORDER
STATEMENT OF THE CASE
Upon charges and amended charges duly filed by Congress of
Industrial Organizations, herein called the Union, the National Labor
Relations Board, herein called the Board, by the Regional Director
for the Eighteenth Region (Minneapolis, Minnesota), issued its com-
plaint dated May 22, 1942, against Joseph W. Boyt, Helen F. Boyt,
'Arthur J. Boyt, Marjorie P. Boyt, Paul, A. Boyt, Dorothy J. Boyt,
Barbara D. Boyt, Elizabeth M. Boyt, Bernard B. Quiner, Joseph
E. Green, Peter J. Kurtz, doing business as Boyt Harness Company,
a General Partnership, and Joseph W. Boyt, Helen F. Boyt, Arthur
J. Boyt, Marjorie P. Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara
D. Boyt, Elizabeth M. Boyt, Bernard B. Quiner, Joseph E. Green,
. 41 N. L. R. B., No. 199.
1065
c
1066 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Peter J. Kurtz, doing business as a General Partnership; together
with G. G. Herrick, doing business as Boyt Harness "Company, a
Limited Partnership, Des Moines, Iowa, herein called the respond-
ents, alleging that the respondents had engaged in and were engaging
in unfair labor practices affecting commerce, within the meaning of
Section 8 (1) and (3) and Section 2 (6) and (7) of the National
Labor Relations Act, 49 Stat. 449, herein called the Act. Copies
of the complaint, accompanied by notice of hearing, were duly served
upon the respondents and the Union.
Concerning the unfair labor practices, the complaint alleged in
substance that the respondents, jointly and severally, (1) discouraged
membership in the Union by discharging and laying off Mrs. Forest
Hendrickson on or about February 18, 1942, and thereafter refusing
to reinstate her, because she joined and assisted the Union and en-
gaged in concerted activities with other employees of the respondents
for the purpose of collective bargaining and other mutual aid and
protection; (2) from February 18, 1942, advised, urged, threatened,
and warned their employees to refrain from becoming or remaining
members of the Union, and to refrain from assisting the Union;
interrogated their employees concerning the Union; made derogatory
I emarks to their employees concerning the Union ; held meetings of
their employees for the purpose of coercing and intimidating such
employees in order that they might not become or remain members
Gf the Union; and otherwise indicated to their employees their dis-
approval of and opposition to self-organization of their employees;
and (3) by the foregoing acts interfered with, restrained , and co-
erced their employees in the exercise of the rights guaranteed in
Section 7 of the Act.
On June 1, 1942, prior to the date set for hearing, the respondents,
the' Union, and counsel for the Board entered into a stipulation,
subject to the approval of the Board, in settlement of the case. This
stipulation provides as follows :
It being the mutual desire of all parties hereto to adjust
amicably any differences that may have arisen between them,
and to conclude all proceedings before the National Labor Rela-
tions Board in this matter,
IT IS HEREBY STIPULATED AND AGREED by and between Joseph
W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P. Boyt,
Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M.
Boyt, Bernard B. Quiner, Joseph E. Green; Peter J. Kurtz,
doing business as Boyt Harness Company, a General Partnership,
and Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie
P. Boyt, Paul A. Boyt, Dorothy-J. Boyt, Barbara D. Boyt,
Elizabeth M. Boyt, Bernard B. Quiner, Joseph E. Green, Peter
BOYT HARNESS COMPANY 1067
J. Kurtz, doing business as a General Partnership, together with
G. G. Herrick, doing business as Boyt Harness Company, a
Limited Partnership, hereinafter called Respondents, by their
duly authorized representative, Congress of Industrial Organiza-
tions, hereinafter called, the Union, by its duly authorized
representative; and Russell Packard, attorney, National Labor
Relations Board, hereinafter called the Board, that:
I
Upon amended charges duly filed by the Union, the Board, by
the Regional Director for the Eighteenth Regon, acting pursuant
to authority granted in Section 10 (b) of the National Labor
Relations Act, hereinafter called the Act, and Article IV, Section
1, of the Board's Rules and Regulations-Series 2, as amended,
duly issued its Complaint and Notice of hearing on May 22,
1942, against Respondents, alleging that Respondents had en-
gaged in and were engaging in unfair labor practices affecting
commerce within the meaning of Section 8 (1) and (3) and
Section 2 (6) and (7) of the Act.
II
Respondents and the Union acknowledge due and timely serv-
ice of the Complaint, Notice of Hearing, and Amended Charge,
and expressly waive further hearing, pleadings, and the making
of findings of fact and'conclusions of law by the Board.
III
Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P.
Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth
M. Boyt, Bernard B. Quiner, Joseph E. Green and Peter J. Kurtz,
doing business as Boyt Harness Company, a General Partnership,
is and has been at all times since August 30, 1941, on which date a
predecessor corporation was dissolved, a General Partnership
organized under and existing by virtue of the laws of the State
of Iowa. The principal office and place of business of said Gen-
eral Partnership is at 212 Court Avenue, Des Moines, Iowa.
Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P.
Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth
M. Boyt, Bernard B. Quiner, Joseph E. Green and Peter J. Kurtz,
doing business as Boyt Harness Company, a General Partnership,
together with G. G. Herrick doing business as Boyt Harness
Company, a Limited Partnership, is, and has been at all times
since August 30, 1941, at which date a predecessor limited partner-
1068 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
ship was dissolved, a Limited Partnership organized under and
existing by virtue of the laws of the State of Iowa.
The Limited Partnership and the General Partnership use as
their principal offices and places of business the same quarters
at 212 Court Avenue, Des Moines, Iowa.
The General Partnership is engaged at its place of business in
Des Moines, Iowa, in manufacturing, selling and distributing
harness for horses and horse collars. At said place of business
in Des Moines, Iowa, the General Partnership uses raw materials
which include leather, canvas and hardware and kindred mate-
rials. The total raw materials purchased by the General Partner-
ship and its predecessor corporation and used in the place of
business at Des Moines, Iowa, during the fiscal year 1941, amounted
in value approximately to One Hundred and Fifty Thousand and
no/100 ($150,000) Dollars. Over eighty (80%) per cent of these
materials were shipped' to the General Partnership and its
predecessor corporation from sources outside the State of Iowa.
The products manufactured in the General Partnership's place
of business at Des Moines, Iowa, include harness for horses and
horse collars. During the fiscal year 1941, the General Partner-
ship and its predecessor corporation manufactured at the place
of business in Des Moines, Iowa, and sold products amounting
in value approximately to Three Hundred Thousand ($300,-
000.00) Dollars. Of this total approximate amount of sales, prod-
ucts amounting in value approximately to fifty (50%) per cent
of Three Hundred Thousand $300,000.00) Dollars were sold and
shipped to purchasers outside the State of Iowa.
The business of the General Partnership affects commerce within
the meaning of the National Labor Relations Act, as construed
by the National Labor Relations Board and the Courts of the
United States, and is subject to the jurisdiction of the National
'Labor Relations Board.
The Limited Partnership is engaged at its place of business in
Des Moines, Iowa, in manufacturing under contract such articles
for the National Defense program as haversacks, cartridge belts,
dispatch cases, machinegun belts, gun slings, and kindred articles.
At said place of business in Des Moines, Iowa, the Limited
Partnership uses raw materials which include leather, canvas,
webbing, hardware and kindred materials. The total raw mate-
rials purchased by the Limited Partnership and its predecessor
limited partnership and used in the place of business at Des
Moines, Iowa, during the fiscal year 1941, amounted in value
approximately to One Million ($1,000,000.00) Dollars. Over
ninety (90%) per cent of these materials were shipped to the
:BOYT HARNESS COMPANY 1069
Limited Partnership and its predecessor limited partnership from
sources outside the State of Iowa.
The products manufactured in the Limited Partnership's place
of business at Des Moines, Iowa, include haversacks, cartridge
belts, dispatch cases, machinegun belts, gun slings and kindred-
articles. During the fiscal year of 1941, the Limited Partnership
and its predecessor limited partnership manufactured in the place
of business at Des Moines, Iowa, and sold products amounting
in value approximately to One and One-Half Million ($1,500,-
000.00) Dollars. Of this total approximate amount of sales, all,
were sold and shipped to purchasers outside the State of Iowa.
The business of the Limited Partnership affects commerce
within the meaning of the National Labor Relations Act, as con-
strued by the National Labor Relations Board and the Courts of
the United States, and is subject to the jurisdiction of the Na-
tional Labor Relations Board.
IV
Congress' of Industrial Organizations is a labor organization
within the meaning of Section 2 (5) of the Act and admits to
membership employees of Respondents.
V
This stipulation and agreement, together with the Amended
Charge, the Complaint, Notice of Hearing, and the proof of
service thereof, may be filed with the Chief Trial Examiner of
the-Board and when so filed shall constitute the entire record in
the case.
VI
Upon the entire record, as set forth in Paragraph V above, an
order may be forthwith entered by the Board providing as
follows :
Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt Marjorie P.
Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Eliza-
beth M. Boyt, Bernard B. Quiner, Joseph E. Green, Peter J.
Kurtz, doing business as Boyt Harness Company, a General
Partnership, and Joseph W. Boyt, Helen F. Boyt, Arthur J.
Boyt, Marjorie P. Boyt, Paul A. Boyt, Dorothy J. Boyt, Bar-
bara D. Boyt, Elizabeth M. Boyt, Bernard B. Quiner, Joseph
E. Green, Peter J. Kurtz, doing business as a General Partner-
ship, together with G. G. Herrick, doing business as Boyt
Harness Company, a Limited Partnership shall:
1070 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. Cease and desist from
(a) Discouraging membership in the Congress of Industrial
Organization, or in any other labor organization of their
employees 'by discriminating in regard to their hire or tenure
of employment or any term or condition of employment; and
(b) In any other manner interfering with, restraining, or
coercing their employees in the exercise of the right to self-
to form, join, or assist labor organizations, to
bargain collectively through representatives of their own
choosing, and to engage in concerted activities for the pur-
pose of collective bargaining or other mutual aid or protec-
tion, as guaranteed in Section 7 of the Act.
2. Take the following affirmative action which the Board
finds will effectuate the policies of the Act :
(a) Pay immediately to Mrs., Forrest Hendrickson the sum
of Seventy-five dollars ($75.00) for any loss she may have
suffered by reason of her discharge by Respondents, and in
lieu, of reinstatement;
(b) Post immediately in conspicuous places at their plants
and maintain for a period of at least sixty (60) consecutive
days from the date of posting, notices to their employees stat-
ing (1) that Respondents will not engage in the conduct
from which they are ordered to cease and desist in paragraphs
1 (a) and (b) of this order; (2) that Respondents will take
the affirmative action set forth in paragraph 2 (a) of this
order; (3) that Respondents''employees are free to become or
remain members of the Congress of Industrial Organizations
and that the Respondents will not discriminate against any
employee because of membership' or activity in that organi-
zation;
(c) Notify the Regional Director for'the Eighteenth Region
in writing within ten (10) days from the date of this order,
what steps Respondents have taken to comply herewith.
VII
Respondents and the Union hereby consent to the entry by an
appropriate United States Circuit Court of Appeals, upon appli-
cation by the Board thereto, of a decree enforcing the order of
the Board in the terms set forth above, and expressly waive their
rights to contest the entry of such decree, and further, waive any
and all requirements of notice of the filing of such application by
the Board, provided that a copy of said decree shall be served upon
Respondents after its entry.
BOYT HARNESS COMPANY 1071
VIII
By entering into this stipulation and agreement, Respondents
do not admit the commission of any unfair labor practices as
alleged in the Complaint, and this stipulation is not and shall
not be construed as such an admission.
IX
This stipulation and agreement is subject to the approval of
the Board and shall become effective immediately upon the grant-
ing of such approval.
X
The entire agreement is contained within the terms of this stip-
ulation, and there is no verbal agreement which varies, alters, or
adds to the terms of this stipulation.
On June 11, 1942, the Board issued its order approving the above
stipulation and making it a part of the record in the case and, pursuant
to Article II, Section 36, of National Labor Relations Board Rules and
Regulations-Series 2, as amended, transferring the proceeding to ;the
Board for the purpose of entering a Decision and Order pursuant to the
provisions of the stipulation.
Upon the basis of the above stipulation, and the entire record in the
case , the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE RESPONDENTS
Joseph W Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P. Boyt,
Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M. Boyt,
Bernard B. Quiner, Joseph E. Green and Peter J. Kurtz, doing business
as Boyt Harness Company, a General Partnership, is and has been at
all times since August 30, 1941, on which date a predecessor corpora
tion was dissolved, an Iowa general partnership, having its, principal
office and place of business in Des Moines, Iowa.' The General Part-
nership is-engaged in the State of Iowa, in the manufacture, sale, and
distribution of harness for horses and horse collars. During the fiscal
year 1941, it and its predecessor corporation purchased raw materials
valued at approximately $150,000, of which more than 80 percent was
shipped from points outside the State of Iowa. During the same
period, the general partnership and its predecessor corporation manu=
factured finished products valued at approximately $300,000, of which
approximately 50 percent was shipped to points outside the State of
Iowa.
1072 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt,. Marjorie P. Boyt,
Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M. Boyt,
Bernard B. Quiner, Joseph E. Green and Peter J. Kurtz, doing business
as Boyt Harness Company, a General Partnership, together with G. G.
Herrick doing business as Boyt Harness Company, a Limited Part-
nership, is and has been at all times since August 30, 1941, at which date
a predecessor limited partnership was dissolved, an Iowa limited part-
nership, having its principal office and place of business in Des Moines,
Iowa. The Limited Partnership is engaged in the State of Iowa, in
the manufacture under contract of such articles for the National
Defense program as haversacks, cartridge belts, dispatch cases, ma-
chine-gun belts, gun slings, and kindred articles. During the fiscal
year 1941, it and its predecessor limited partnership, purchased raw
materials valued at approximately $1,000,000, of which more than 90
percent was shipped from points outside the State of Iowa. During
the same-period, the Lir'nited'Partnership and its predecessor limited
partnership manufactured finished products valued at approximately
$1,500,000, all of which was shipped to points outside the State of Iowa.
The. respondents admit and we 'find that they are engaged in com-
merce within the meaning of the Act.
ORDER
Upon the basis of the above findings of fact, stipulation, and the
entire record in the case, and pursuant to Section 10 (c) of the National
Labor Relations Act, the National Labor Relations Board hereby
orders that Joseph W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie
P. Boyt, Paul A. Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth
M. Boyt, Bernard B. Quiner, Joseph E. Green, Peter J. Kurtz, doing
business as Boyt Harness Company, a General Partnership, and Joseph
W. Boyt, Helen F. Boyt, Arthur J. Boyt, Marjorie P. Boyt,\Paul A.
Boyt, Dorothy J. Boyt, Barbara D. Boyt, Elizabeth M. Boyt, Bernard
B. Quiner, Joseph E. Green, Peter J. Kurtz, doing business as a General
Partnership, together with G. G. Herrick, doing business as Boyt
Harness Company, a Limited partnership, shall:
1. Cease and desist from :
(a) Discouraging membership in the Congress of Industrial Organ-
ization, or in any other labor organization of their employees by dis-
criminating in regard to their hire or tenure of employment or any
term or condition of employment; and
(b) In any other manner interfering with, restraining, or coercing
their employees in the exercise of the right to self-organization, to
form, join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted activ-
i
BOYT HARNESS COMPANY 1073
ities for the purpose of collective bargaining or other mutual aid or
protection, as guaranteed in Section 7 of the Act.
2. Take the following affirmative action which the Board finds will
effectuate the policies of the Act :
(a) Pay immediately to Dirs. Forrest Hendrickson the sum of Sev-
enty-five dollars ($75.00) for any loss she may have suffered by reason
of her discharge by Respondents, and in lieu of reinstatement;
(b) Post immediately in conspicuous places at their plants and
maintain for a period of at least sixty (60) consecutive days from the
date of posting, notices to their employees stating (1) that Respondents
will not engage in the conduct from which they are ordered to cease
and desist in paragraphs 1 (a) and (b) of this order; (2) that Re-
spondents will take the affirmative action set forth in paragraph 2 (a)
of this order ; (3) that Respondents' employees are free to become
or remain members of the Congress of Industrial Organizations and
that the Respondents will not discriminate against any employee be-
cause of membership or activity in that organization ;
(c) Notify the Regional Director for the Eighteenth Region in writ-
ing within ten (10) days from the date of this order, what. steps
Respondents have taken to comply herewith.
4 6 389 2-42-t-o l 41--68